Title 43 — PROPERTY
57 chapters · 841 sections in this title.
SDCL § 43-7-1 Duration of enjoyment of estates in real property
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Estates in real property, in respect to the duration of their enjoyment are: (1) Estates of inheritance or perpetual estates; (2) Estates for life; (3) Estates for years; or (4) Estates at will. Source: CivC 1877, § 218; CL 1887, § 2734; RCivC 1903, § 241; RC 1919, § 311; SDC 193…
SDCL § 43-7-2 Classification of estates in real property
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Estates of inheritance and for life are called estates of freehold; estates for years are chattels real; and estates at will are chattel interests, but are not liable as such to sale on execution. Source: CivC 1877, § 222; CL 1887, § 2738; RCivC 1903, § 245; RC 1919, § 315; SDC 1…
SDCL § 43-7-3 Estate of inheritance--Fee simple or absolute fee
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Every estate of inheritance is a fee, and every such estate, when not defeasible or conditional, is a fee simple or an absolute fee. Source: CivC 1877, § 219; CL 1887, § 2735; RCivC 1903, § 242; RC 1919, § 312; SDC 1939, § 51.0404.
SDCL § 43-7-4 Abolishment of estates tail--Fee tail is now a fee simple
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Estates tail are abolished, and every estate which would be at common law adjudged to be a fee tail is a fee simple, and if no valid remainder is limited thereon, is a fee simple absolute. Source: CivC 1877, § 220; CL 1887, § 2736; RCivC 1903, § 243; RC 1919, § 313; SDC 1939, § 5…
SDCL § 43-7-5 Remainder in fee limited upon fee tail estate is valid as contingent limitation upon a fee
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Where a remainder in fee is limited upon any estate, which would by the common law be adjudged a fee tail, such remainder is valid as a contingent limitation upon a fee, and vests in possession, on the death of the first taker, without issue living at the time of his death. Sourc…
SDCL § 43-7-6 Estate during life of a third person is a freehold
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An estate during the life of a third person, whether limited to heirs or otherwise, is a freehold. Source: CivC 1877, § 223; CL 1887, § 2739; RCivC 1903, § 246; RC 1919, § 316; SDC 1939, § 51.0407.